Issue
- When can the Family Court make urgent child-related orders without notifying the other party, and what must those orders contain? [3]
Rule
- Urgent applications may be made without the usual MIAM step where defined urgency grounds apply (for example, risk to life/safety, risk of unlawful removal/retention, significant risk of a miscarriage of justice, or irretrievable evidential loss). [3]
- Without notice orders are exceptional: generally, at least informal notice should be given unless notice would defeat the purpose, there is literally no time, or notice would heighten risk of harm. [2][3]
- Any without notice order must: (1) have a fixed expiry; (2) list a prompt return date (normally within 14 days); (3) state it was made without the respondent, with no findings of fact; (4) identify the evidence relied upon; (5) state the respondent’s right to apply to vary or set aside before the return date; and (6) record the reasons for proceeding without notice. [1][3]
- After any urgent/without notice hearing, gatekeeping and safeguarding steps follow, including sending the C100 to Cafcass for checks and allocation. [3]
Application
- In practice, the court will closely scrutinize whether urgency and no‑notice criteria are met, expect focused evidence showing why notice was unsafe or impracticable, and require orders to comply strictly with return date/expiry, content, and service rules. [1][2][3][4]
Conclusion
- Use without notice only when justified on the evidence; propose a short, time‑limited order with an early return hearing, and include mandatory recitals and the respondent’s right to seek urgent variation or set‑aside. [1][3]
Key quotes
“An ex parte (without notice) injunctive order must never be made without limit of time… [and] must also fix a return day… normally no more than 14 days after the date when the order was made.” [1]
“Without Notice Orders should be made only exceptionally,” including where notice would defeat the purpose, there is truly no time, or notice would likely expose the applicant/child to harm. [3]
Authorities
- Practice Guidance (Family Court): Duration of Ex Parte (Without Notice) Orders (18 Jan. 2017) (President of the Family Division) (fixed expiry; prompt return date; right to set aside; urgent listing). [1]
- Practice Direction 12B — Child Arrangements Programme, paras. 8.1, 12.1, 12.3–12.5 (MIAM urgency exemption; exceptional nature of without notice; required order content; gatekeeping and Cafcass safeguarding). [3]
- GOV.UK (HMCTS) Guidance — Urgent court hearings about child arrangements (CB2) (informal notice; exceptional circumstances for without notice; what to explain in an urgent application). [2]
- Family Procedure Rules 2010, Part 18 (applications procedure; making/serving applications; when the court may proceed without service; handling applications without a hearing). [4]
What counts as “urgent”
- What counts as “urgent”: The court may dispense with MIAM and consider urgent relief where the case falls within defined urgency grounds (e.g., risk to life/safety; risk of unlawful removal/retention; risk of miscarriage of justice; irretrievable evidential loss). [3]
- When “without notice” is justified: Only exceptionally—where notice would thwart the order’s purpose, there is literally no time to give even informal notice, or notice would likely expose the applicant/child to unnecessary risk of physical or emotional harm. [2][3]
- What the order must include: A fixed expiry (never open‑ended), a clearly listed return hearing (normally within 14 days), confirmation it was made without the respondent and on the applicant’s evidence only (with no findings of fact), identification of the evidence relied upon, and a statement of the respondent’s right to apply to set aside or vary immediately. [1][3]
- Immediate post‑hearing steps: Gatekeeping/allocation and Cafcass safeguarding are triggered; the C100 is sent to Cafcass and the case is allocated for the return date. [3] References: [1][2][3]
References
President of the Family Division · Judiciary UK · 2017.
HMCTS · GOV.UK · n.d.
Family Procedure Rules · Ministry of Justice · current.
Family Procedure Rules · Ministry of Justice · current.
Common difficulties for litigants in person
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If you are served with a without notice order
